Business Trademark

[business2015]

What is the name of your state (only U.S. law)? Michigan

Hello,

I am an athlete and have had an idea of my own clothing line so I decided to just start my own business. I looked over copyright for my name and it was free and now I thought I was set to go until I got a comment from a customer/follower on twitter who said my logo looks similar to an MMA clothing that they have seen. Right away I looked up this MMA clothing/person and I saw the logo was similar. I never knew about this person before hand and also it is not really the same logo. Theirs has a circle and persons name under and the letter G mine is the letters C and G ( the letter "G" in the logo is same style in both but mine has a cut off so it makes a C and G) not sure if that really explained it perfectly and also our angles are not the same size.

My question is am I in trouble? Or can I keep going with it? Is this considered trademark even though it is not the same exact copy of the logo? What is considered trademark violation?

 

[quincy]

What is the name of your state (only U.S. law)? Michigan

Hello,

I am an athlete and have had an idea of my own clothing line so I decided to just start my own business. I looked over copyright for my name and it was free and now I thought I was set to go until I got a comment from a customer/follower on twitter who said my logo looks similar to an MMA clothing that they have seen. Right away I looked up this MMA clothing/person and I saw the logo was similar. I never knew about this person before hand and also it is not really the same logo. Theirs has a circle and persons name under and the letter G mine is the letters C and G ( the letter "G" in the logo is same style in both but mine has a cut off so it makes a C and G) not sure if that really explained it perfectly and also our angles are not the same size.

My question is am I in trouble? Or can I keep going with it? Is this considered trademark even though it is not the same exact copy of the logo? What is considered trademark violation?

Many logos look similar - and this is often not a problem. It becomes a problem when the first trademark holder believes the second trademark holder has infringed on their rights.

And, it is more likely to attract the attention of the first trademark holder if you and the original holder of the logo are marketing to consumers the same or similar goods. Trademark law centers on consumer confusion. If consumers see your logo and mistake it (or are likely to mistake it) for the other company's logo, there is a good chance your logo will be found infringing on the rights of the other.

I have a link somewhere to look-alike logos that peacefully co-exist in the marketplace and will provide it if I find it.

 

[business2015]

Thank you for your answer.

So there can be confusion even if the names are completely far apart? and the company is MMA fighter while mine is clothing, i guess both could be selling clothes? even tho theirs would be MMA fighting apparel while mine just shirts. I am not even sure if their logo is trademarked, is there a way to look that up, i tried to be seems a bit confusing when it comes to looking up a logo and also is there a way to send you pictures of them so you can have a look and see your thoughts on the issue?

 

[quincy]

Thank you for your answer.

So there can be confusion even if the names are completely far apart? and the company is MMA fighter while mine is clothing, i guess both could be selling clothes? even tho theirs would be MMA fighting apparel while mine just shirts. I am not even sure if their logo is trademarked, is there a way to look that up, i tried to be seems a bit confusing when it comes to looking up a logo and also is there a way to send you pictures of them so you can have a look and see your thoughts on the issue?

Please do not send pictures. We cannot do personal reviews on this site. You will need to see an attorney in your area for that.

There can be confusion if consumers are confused.

To look up federally registered trademarks, go to http://www.uspto.gov

Marks do not have to be registered to have trademark protection. It is the use of the mark in commerce that confers rights in the mark.